The future is now in the world of transportation, with the rising popularity of self-driving technology found in both fully and partially autonomous vehicles. However, with the increased numbers of self-driving cars in Texas, there has also been a surge in complex car accident claims involving self-driving car crashes in Austin and elsewhere, with unique liability considerations.
Under the fault-based insurance laws in Texas, car accident injury victims must prove another party’s fault and liability to collect compensation. It’s important to understand the changing dynamics on the roadways with self-driving cars, including navigating a claim for damages like medical expenses, lost wages, and compensation for pain and suffering after an accident involving a self-driving car in Austin.
Common Causes of Self-Driving Car Accidents
Autonomous car technology is still relatively new. The mixing of self-driving cars on the roads with motorists in standard vehicles is experimental, with results that we are only now beginning to understand as Texas and the rest of the world move to catch up with this technology. Common causes of self-driving car accidents in Texas include:
- Sensor failures, including radar problems, object-detection failures, LiDAR (light-detecting and ranging technology) errors, lane-correction mistakes, navigation technology errors, and camera failures
- Negligent drivers in vehicles with autonomous technology
- Fires and explosions from lithium-ion batteries
- Software glitches
- Cyber-security problems, such as hacking
Whether the accident occurs due to technical issues or because a negligent driver fails to remain alert behind the wheel and relies on self-driving technology, if a self-driving car or its driver causes an accident with injuries, the injury victim shouldn’t have to be responsible for the damages like medical expenses, lost wages, and compensation for pain and suffering.
Liability In Self-Driving Car Accident Claims in Austin
Drivers of self-driving cars have a duty to remain vigilant behind the wheel, even while using assistive or fully self-driving technology. The powerful manufacturers of self-driving automobiles or individual technologies included in autonomous cars are under strict liability standards for producing and distributing safe products. One or more of the following parties could be liable for damages:
- The negligent driver
- The vehicle manufacturer
- The manufacturer of a defective part
Proving liability for a negligent driver requires gathering evidence showing that they owed a duty of reasonable care to others on the road, they breached this duty by acting negligently, and their breach of duty directly caused injuries with damages. The standards for proving manufacturing liability differ due to strict liability laws for manufacturers that do not require proving negligence. Instead, holding the manufacturer of a defective vehicle or part liable requires proving that the product has an intrinsic design defect, a manufacturing error, or a marketing mistake and that the error caused a dangerous product.
Under Texas’s comparative negligence insurance laws, more than one party may share liability for an accident if they contributed to the cause or severity of the injuries.
Damages Available In Austin Self-Driving Car Accident Cases
Depending on the severity of the accident, damages could range from a single emergency room bill and a few days of lost wages—to a lifetime of disability or wrongful death. Common damages recovered in claims against negligent drivers and manufacturers in autonomous vehicle crashes in Austin include the following:
- Past and future medical expenses
- Past and future income loss
- Diminished earning capacity due to disability
- Compensation for pain and suffering
- Compensation for other damages in some circumstances, such as loss of limb, disfigurement, the loss of one of the senses, organ loss, loss of enjoyment of life, or wrongful death compensation for family members
A car accident attorney carefully calculates damages to maximize the amount recovered in a claim.
How Can a Self-Driving Car Accident Lawyer In Austin Help?
Austin car accident claims are complex in fault-based insurance states. When an accident claim in Austin involves product liability in self-driving car crashes it’s even more challenging and requires careful handling. Call Shaw Cowart, LLP for the skilled representation you need in this specific area of car accident law.